Legal Opinion

Martha v. State

Supreme Court of Alabama

Decided January 15, 1855PublishedCited by 24 opinions

Errob to the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. The plaintiff in error was indicted, at the Eall term, 1854, for arson.

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Errob to the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. The plaintiff in error was indicted, at the Eall term, 1854, for arson. Tbe indictment contained four counts, of which the first alleged the house burned to be “ a dwelling-house of James E. Todd”; the second, “ a dwelling-house, the property of James E. Todd, occupied as a dwelling-house at the time aforesaid, to-wit, before the finding of this indictment, by Allen W. Coleman”; the third, “a dwelling-house, the property of James E. Todd, and occupied at said time by Allen W. Coleman”; and the fourth, “ a dwelling-house of…

1Opinion of the CourtChilton, C. J.

— The counsel for the prisoner is mistaken, in supposing that the Code does not require the ownership of the house alleged to have been burned to be averred in indictments for arson. — See forms Nos. 52 and 53, pp. 704-5. The Code makes no change upon the common law in this respect. East (in his Crown Law, p. 1084) says, “It is plain an indictment for arson must, upon the face of it, appear to be of the house of another, and it must also state whose house, and with that the proof must agree.”

In this case, it appears the proof did not agree, upon the trial of the first indictment, with the…

2Cited by24 opinions

  1. Harlan v. StateIndiana Supreme Court · 1921
  2. Oliver v. StateSupreme Court of Alabama · 1937
  3. State v. WilliamsSupreme Court of Missouri · 1899
  4. Martin v. StateSupreme Court of Alabama · 1856
  5. State v. Ellsworth.Supreme Court of North Carolina · 1902

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